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| DB restrains Nutan Resutra from working as Chairman BOSE | | | Early Times Report
Jammu, Dec 11: A Division Bench of the State High Court has restrained Prof. Nutan rasutra from working as Chairman of the Board of School Education and issued notices in this regard to the concerned.
Division Bench comprising Chief Justice M.M. Kumar and Justice Tashi Rabstan directed Secretary to Government Higher Education Department as well as Secretary to Government School Education Department to pass appropriate orders suspending SRO 452 dated 22.10.2014 and re-consider the matter after the regular departmental enquiry is completed.
If the Enquiry Officer exonerates Prof. Resutra then the matter be re-considered. In case Prof. Resutra is found guilty of charges then SRO 452 dated 22.10.2014 shall be deemed to be withdrawn.
As a consequence Prof. Resutra shall stop functioning as Chairman J&K BOSE forthwith. However, he shall continue on the post of Principal as per posting to be given to him by the Higher Education Department. The needful shall be done within a period of two weeks. Respondent-State is also directed to conclude the enquiry expeditiously preferably within a period of two months.
Division Bench directed the Secretary to Government, General Administration Department as well as Secretary to Government, School Education Department to show cause as to why Prof. N.K.Resutra should not be asked to step down from the office of Chairman, JKBOSE till the time he is exonerated in the regular departmental enquiry pending against him. A notice was also issued to Prof. N.K.Resutra to show cause.
Division Bench observed that enquiry proceedings were pending against Prof. Resutra since 2011 till date.
A charge sheet for holding regular departmental enquiry was pending on the last date of filing applications for the post of Chairman J&K BOSE i.e. 31.12.2013. The proceedings were still pending when panel of two names including the name of Prof. N. K. Resutra was finalized and Government Order SRO 452 dated 22.10.2014 was issued. The enquiry proceedings have not concluded so far. In that regard advertisement notice for the post has been placed on record. The last date was later extended to 25.01.2014 (Annexure R4 and R5). Therefore, he was not eligible for promotion/ appointment. Prof. Resutra was facing the charges on the date of interview held on 20.10.2014 and the position was same on the date of issuance of notification appointing him as Chairman J&K BOSE on 22.10.2014. Therefore, it cannot be argued that Prof. Resutra was exonerated of the charges nor any such stand has been taken either in the affidavit filed by Prof. Resutra or Secretary to Government, Higher Education Department or by the Secretary School Education Department. |
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